Wewita Hettige Upul Premalal Perera v. Kiriwanawattegedara Beatrice Sandya Kumari – SC APPEAL 192/14-2016

In the case between Wewita Hettige Upul Premalal Perera and Kiriwanawattegedara Beatrice Sandya Kumari, the court addressed the issue of whether a divorce based on malicious desertion under Section 608(2) of the Civil Procedure Code, following long-term separation, satisfies the evidentiary requirements in summary procedure and how the burden of proof shifts after the entry of a decree nisi. It was held that the initial order nisi was properly entered based on sufficient evidence of malicious desertion, and the High Court’s reversal was set aside. The judgment reaffirmed the principle that, under summary procedure, once the decree nisi is entered upon proper evidence, the burden shifts to the respondent, and oral evidence from the appellant may not be essential. Reliance was placed on prov